Illinois: Where Recording On-Duty Cops Is Treated Like Sexual Assault

[archerships]

In Illinois it actually is illegal to make audio recordings of on-duty cops--or any other public official. Illinois is one of a handful of states that require all parties to consent before someone can record a conversation. But the other all-party-consent states also include a provision in their statutes stating that for there to be a violation of the law the nonconsenting party must have a reasonable expectation of privacy. On-duty police officers in public spaces have no such expectation.

Here's where it gets even worse: Originally, the Illinois eavesdropping law did also include a similar expectation of privacy provision. But the legislature stripped that provision out in 1994, and they did so in response to an incident in which a citizen recorded his interaction with two on-duty police officers. In other words, the Illinois legislature specifically intended to make it a Class I felony, punishable by up to 15 years in prison, to make an audio recording of an on-duty police officer without his permission.

via reason.com

Posted via web from crasch's posterous

Comments

[pasquin.livejournal.com]

Massachusetts is one such state. Any recording—oh, I don't know, like the Rodney King video—would be considered prima facie evidence of the videographer breaking the law.

Yeah. It's almost like the law indemnifies its own.

[zarex.livejournal.com]

I think MA only restricts "secret" recordings. I'm pretty sure it's legal to tape with notification, but not necessarily consent.

They still might arrest you anyhow, of course. But you'll prevail in court.

Ugliness all around.

[pasquin.livejournal.com]

You are correct. Even though the statute calls for two-party consent, that might not hold up. Definitely doing it on the sly is verbotten.

Still, police arresting and confiscating video apparatus, as routine, is punishing enough even if it doesn't ultimately lead to a conviction.

[exvapi.livejournal.com]

You might want to look at audio and video seperatly. While many states have rules about audio "eavesdropping", they do not prohibit silent video, like store security cameras and do not require notification of their use. You can't break another law, like treaspass, in the process, but video of a public event, with no audio is OK most everywhere.

[drewkitty.livejournal.com]

Mental note: avoid Illinois.